In addition to the rights and remedies that you have under the Australian Consumer Law or any other applicable law, Atek Pty Ltd ACN 062 388 470 (Atek) provides the following warranty against defects (Warranty):
1.1 Subject to the provisions of this Warranty, the warranty period (where Atek will repair or replace any goods without charge) for any goods supplied and manufactured by Atek (Goods) that prove defective by reason of improper workmanship or material components (and none of the statutory rights or remedies apply) is twelve (12) months from the date of purchase of the Goods from Atek (Warranty Period). For the purpose of this Warranty Statement, reference to Goods includes all its components and accessories.
1.2 This Warranty does not cover:
(a) normal fair wear and tear;
(b) defects, loss or damage caused directly or indirectly by or as a result of:
(i) external causes (dropping, accident, collision, fire, immersion in water, freezing or striking objects);
(ii) any damage to or deterioration in the condition of the Goods occurring in handling, cleaning, storage or transit occurring after delivery of the Goods;
(iii) any additional defect damage or deterioration arising from or attributable to the use of the Goods.
(c) the Goods where the defect, loss or damage is caused directly or indirectly by or as a result of the use, maintenance or servicing of the Goods including but not limited to the Goods not being used, maintained or serviced in accordance with the requirements and specifications for the Goods. This is includes any defect, loss or damage caused directly or indirectly by or as a result of the use of the Goods by a party that has not undergone Atek’s mandatory training in the Goods on delivery of the Goods;
(d) where any part of the Goods has been modified, disassembled, misused, abused, damaged or not maintained in accordance with requirements and
specifications for the Goods;
(e) inherent defects in materials used in the manufacture of the Goods. Atek will use best endeavours to procure and assign to you the benefit of the warranty of the manufacturer of the steel or other material.
1.3 Goods and services provided by Atek come with guarantees that cannot be excluded under the Australian Consumer Law:
(a) For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unsured portion, or to compensation for its reduced value.
(b) For major failures with goods, you are entitled to choose a refund or replacement.
(c) If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
2.1 In order to claim under this Warranty a party must:
(a) Contact Atek within the Warranty Period on the Contact Information provided below;
(b) Comply with any Terms & Conditions or other agreements relevant to the Goods; and
(c) Provide to Atek:
2.2 details of the Goods;
2.3 a detailed description of the defect;
2.4 the relevant claiming party details;
2.5 proof of purchase of the Goods (including date and place of purchase and Goods description).
2.6 Any Goods the subject of a warranty claim may only be returned to Atek by prior arrangement with Atek.
2.7 The claiming party must bear the expense for the removal (if necessary) and return of the Goods and such other expenses incurred by the claiming party and associated with a warranty claim.
3. CONTACT INFORMATION
Contact: Warranty Officer
4.1 Warranty claims will be processed by Atek in a timely manner and a report pertaining to the warranty claim will be made available to the claiming party.
4.2 Atek may at its discretion elect to repair or replace the Goods. Atek may also at its discretion elect to substitute the Goods with a similar alternative goods of Atek’s choosing.
4.3 Atek does not have to repair or replace the Goods under this Warranty if this Warranty does not apply (see clause 1.2 and clause 1.3 above), this Warranty is voided and/or the Goods have been modified, disassembled, misused, improperly or inappropriately installed, repaired, abused, damaged or not maintained.
4.4 This Warranty is limited to repair, replacement or substitution of Goodss only. To the extent permitted by the law, Atek will not be liable for any loss or damage caused to property or persons arising from any cause whatsoever.
4.5 The provisions of this Warranty shall apply in addition to and not in substitution for Atek’s Terms & Conditions.
4.6 This Warranty is only valid and enforceable in Australia.
5. THIRD PARTY WARRANTIES:
5.1 Any Goods that are not manufactured by Atek may come with a warranty provided by the manufacturer.
5.2 Atek is not responsible for the manufacture of such Goods but will assist you in any claim you may have against any manufacturer for repair and/or replacement of such Goods.
5.3 Atek will provide you with a copy of such manufacturer warranty on supply of any Goods to you.
5.4 Atek is not responsible for the manufacturer warranty or the manufacturer’s compliance with the Australian Consumer Law